| Streaming music is a kind of play music rapidly rising in recent years,but it can not form a benign interaction with our current copyright license system,and expose many problems.At present,there are two kinds of copyright licensing methods for streaming music: collective management mode of music copyright organization,collective management mode and authorization mode for streaming music copyright negotiation.However,these two modes can not promote the development of Chinese music copyright market,but lead to a series of problems: the vicious competition between streaming music platforms leads to the closure of a large number of small and medium-sized platforms,which seriously hinders the development of music copyright market;On the one hand,the rigid collective management organization and the cumbersome administrative procedures make the supervision is not strong enough,and the piracy,infringement and censorship omissions occur from time to time,which cannot guarantee the interests of copyright owners.On the other hand,the low copyright rate makes the majority of copyright owners reluctant to submit valuable music works to the collective management organization.The inferior position of the copyright owner in the negotiation authorization also makes the copyright owner unable to obtain reasonable income and hinders the enthusiasm of the copyright owner in creation.Foreign countries have experienced these problems before,and introduced the Music Modernization Act and the Digital Single Market Copyright Directive to solve them.Among them,the extended collective management organization and mechanical licensing system solve the problem of high cost and low efficiency of individual licensing,the fair remuneration system solves the imbalance of income distribution of music works,and the voluntary licensing system greatly reduces copyright litigation.While absorbing the advantages of the above-mentioned system,this article gives some ideas about the music copyright license system according to our national conditions.This paper is mainly divided into five chapters,the specific content is as follows:The first chapter is the introduction.This paper briefly introduces the background of this topic,research significance,research methods,research ideas and innovation points,and collates and analyzes the research status at home and abroad.The second chapter is the overview of Chinese streaming music copyright licensing system.Firstly,this paper introduces the models of copyright licensing system for streaming music: the collective management model of copyright collective management organization,the licensing model of copyright negotiation for streaming music,and the operation methods and current situation of different models.Then,it analyzes the defects of the two modes and points out the existing problems.It is clear that our streaming music copyright licensing system needs to be optimized.The third chapter is the experience of foreign streaming music copyright licensing system.First of all,it introduces the Music Modernization Act of the United States,and focuses on the analysis of the voluntary licensing system and the mechanical licensing system.The two systems are in line with the development status of the streaming music copyright market in the United States,and solve the problems such as the obstruction of vested interests and the surge of copyright litigation in the United States over the past decade,and promote the development of the market.After that,it introduces the Copyright Directive of the Digital Single Market of the European Union,and focuses on the protection of the licensing system and the fair remuneration system by the extended collective management organization of the European Union,the upload filtering obligation of the European network platform.Extended collective management organizations enhance the flow rate of works and reduce the cost of copyright licensing;The main purpose of the upload filtering obligation is to cope with the market encroachment of large non-local streaming music platforms in the EU.The system of fair pay increased the income of music producers.The fourth chapter is the supporting mechanism to ensure the operation of streaming music copyright licensing system.First of all,the role of big data system is introduced,and modern technology is used to strengthen the communication between various subjects,so as to facilitate the authorization of works and safeguard the interests of various subjects.The second is the guarantee of collective management organizations.The intervention of technical investigation officers in advance can not only solve conflicts with professional knowledge to ensure the smooth operation of copyright licensing system,but also strengthen the credibility of collective management organizations.This paper analyzes the necessity of establishing the competitive collective management organization system in the future,and it is the best choice to adjust the development of copyright system with the market.At last,the paper introduces the application of our fair payment system,first explains the theoretical basis of our country’s fair payment system,then analyzes the application of our market development.The fifth chapter is the perfection of Chinese streaming music copyright license system.Combined with domestic and foreign legislation,the copyright licensing system of streaming music is reconstructed.First of all,mechanical legal licensing is indispensable.It is not only in line with the requirements of Chinese policy,but also a stable and excessive guarantee.However,it still has the improvement space of reestablishing royalty rate and so on.Secondly,the improvement of centralized license,from the orphan works and the right to choose to promote two aspects,to clarify the efficiency of centralized license.Finally,it is necessary and restrictive to the negotiation license.The negotiation license is beneficial to the development of Chinese copyright market,but it should also be restricted to prevent the streaming music platform from forming a monopoly. |
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